TERMS & CONDITIONS FOR MEMBERSHIPS
AT FERNWOOD WOMENS HEALTH CLUBS
1Introduction
1.1
1.2
1.3
1.4
These terms and conditions (these Terms) form part of and
apply to the membership agreement between us and you.
When you submit your membership application form, you
are bound by and agree to comply with these Terms.
If upon reading these Terms, you no longer wish to
be a member of your Fernwood Home Club, you may
cancel your membership during the cooling off period
in accordance with clause 25.
You are entitled to commence using your membership
benefits from the date stated on your membership agreement.
2 Responsibility for members under 18 years of age
2.1
2.2
2.3
If you are under 18 years of age you cannot enter into a
direct debit arrangement or a membership agreement with
us without the full consent of your parent or guardian, who
must also take full financial responsibility for your membership
regardless of whether he or she is paying for the fortnightly
debits or not. We require your parent or guardian to sign
your membership application and enter into this membership
agreement on your behalf.
By entering into this membership agreement on your behalf
your parent or guardian:
(a)takes responsibility for ensuring that while you are under
18 years of age you exercise safely and otherwise
comply with these Terms; and
(b)agrees to hold us and each other Fernwood Club
harmless in respect of any claim made by or on behalf
of the child against us or another Fernwood Club to the
extent that any such claim would have been excluded
under this membership agreement, had you been an
adult and entered into this membership agreement on
your own behalf.
If your membership entitles you to 24 Hour and After Hours
Access you must not, while under the age of 18 years,
attend a Fernwood Club unless you are accompanied
and supervised by a person who:
(a)is a member of and has the relevant access privileges
of the same Fernwood Club; and
(b)is 18 years or older.
3.2
Proper use of equipment
We will provide you with an instructional consultation with a
staff member before using the facilities and services which you
must attend before use. In any case, you will ensure that you
take care when using the facilities and services and make sure
that you use the facilities and services including equipment
appropriately and safely. If you are ever not sure how to
operate any equipment properly, please ask a staff member
before you use it.
3.3
We can refuse you entry
We can refuse you entry to the facilities and services or cancel
your membership immediately if you behave in a way that
is seriously risky or inappropriate, such as if you threaten or
harass others, deliberately or recklessly damage equipment or
facilities or if you use or distribute illegal or performance
enhancing drugs.
3.4 Please follow our directions
You agree to follow any reasonable direction of a member of
our staff relating to health and safety or any other matter.
4 Etiquette Policy
(a) In signing your membership agreement you agree to abide
by the Fernwood Club Etiquette policy which is outlined below.
(i) Members Only
Use of Fernwood Women’s Health Club facilities is strictly for
members only when the club is unstaffed. ii. During staffed club
hours, there may be instances where casual entry is allowed
for a fee, whereby individual’s identity details and contact
information are captured for our records. iii. A penalty fee will
be charged if you allow access to non-Fernwood members, as
specified in your price list.
(ii) Membership Cards
Members will not be allowed to use the Club facilities unless
they show their membership cards or use their 24 hour access
pass to gain entry to the club.
A fee, as specified in your pricelist will be charged for the issue
of a replacement card.
(iii) Access Cards & the Activation Kit
Your club may refer to the Activation Kit as the Angel Pack.
Those members who have 24 Hour and After Hours Access
3 Safety first!
privileges, must have valid access cards.
The health and safety of members is important to us. This clause
The Activation Kit is included in all new memberships and
sets out some of the things we require of you to help achieve
consists of all the things you need to get your membership
that objective.
started, including an access card, New Member Starter Pack,
3.1 Your physical condition
and the 28 Day Breakthru online program. A fee, as specified in
(a)A safe and effective exercise program is dependent
your price list, will be charged for the issue of the Activation Kit.
upon accurate health and fitness profiling. It is therefore
A fee, as specified in your price list, will be charged for the
essential that you tell us in writing all relevant personal
replacement of access cards.
health and fitness information both before (through our
The access card is for your use only, and must not be given
pre-exercise questionnaire or otherwise) and during the
to any other person to access the club. In the event that this
course of any exercise program or other activity.
occurs, your membership will be cancelled immediately,
(b)You will ensure that information you disclose to us will be true and you will be required to pay the cancellation fee plus
and accurate and not misleading in any way. You must not
the penalty fee as specified in your price list. This fee will be
attend and use the facilities and services whilst you are suffering
deducted immediately from your nominated account.
from any illness, disease, injury or other condition that could
The cost of the Activation Kit and access cards is non-refundable,
present a risk to the health or safety of other members and
non-transferable to another member during or after the
guests or yourself.
membership period and will be cancelled immediately upon
(c)You must notify us of any changes to your health or existing
cancellation of your membership.
medical conditions, or if you believe there is a risk to your
(iv) Your Health – Injuries or Risk of Harm
health or the health of others as a result of you participating in
Members must conduct themselves in a manner which will
activities under your membership.
not cause harm or discomfort to themselves or other members.
(d)If you happen to use the facilities and services before
ii. Members must advise their Group Fitness Instructor, Personal
disclosing relevant health information to us, you promise that
Trainer or Member Motivator if they are injured or there is any
you are in good physical condition and you do not know of
change to their health that may impact their ability to continue
any reason why you may not be able to exercise safely. If you
their exercise program or use club facilities.
feel unsure that you can make this promise, we ask that you do
not use the facilities and services until we have completed your (v) Bring a Towel
Members must bring a towel to the club to use the facilities.
health and fitness profile.
Please use the towel to wipe down the equipment after use.
(e)We reserve the right to cancel your membership if, in our
If you forget your towel, you may hire one from your home
reasonable opinion, you do not satisfy the medical or physical
club and place it in the linen basket provided, after use.
conditions required to participate in the activities in a Fernwood
If you inadvertently take the towel home, we reserve
Club’s facilities and you do not provide us with evidence from
the right to charge an appropriate
a medical practitioner or an appropriate health professional
replacement fee.
to prove otherwise.
TERMS & CONDITIONS FOR MEMBERSHIPS
AT FERNWOOD WOMENS HEALTH CLUBS
(vi) Appropriate Behaviour
Members and staff must conduct themselves with appropriate
decorum in the club and treat others with respect at all times.
Foul language and inappropriate
behaviour will not
be tolerated.
Members are asked to respect the privacy of other members
and refrain from using the camera/video camera on their
mobile phone or any other recording device whilst at the club.
(vii)Dress
Members are asked to dress appropriately for their workouts
and wear suitable training shoes at all times while in the club.
(viii)Facilities and Equipment
Members must immediately replace all weights and
equipment upon completion of exercise. Members must
not leave equipment on the floor. This is a safety issue and
will be strictly enforced.
Members must immediately report any breakage or damage
to equipment to the Club Manager or other staff member.
Members are asked to treat the equipment and facilities
with care.
(ix) Lost Property
Lost property will be kept for two weeks, after which,
if unclaimed, will be donated to charity.
(x) Time Limits
Members must adhere to time limits on equipment where
applicable. Members are asked to consider others and not
sit on equipment during rest periods.
(xi) Group Fitness and Functional Fit
Members attending group fitness are encouraged to arrive
five minutes prior to the scheduled commencement time of
the class to ensure that they have time to set up equipment.
Members must complete both the warm up and cool down
phases of group exercise classes. For your own safety, members
who arrive late may be prevented from participating in a class
if they do not have sufficient time to warm up.
We encourage you to consult the Group Fitness Instructor,
Fitness Coach or your Personal Trainer for guidance on
Group Fitness class selection and attendance.
Members may need to book in for certain classes. Please
refer to the Fitness Timetable for more information.
(b)Subject to clause 21.1 your home club operator has the
right to cancel your membership with no further charge to you
should you in their opinion breach the Club Etiquette policy
(c)We may occasionally update our Etiquette Policy to further
promote health and safety or to make other improvements.
(d)If you break any provisions in our Etiquette Policy, the
response we take will be at our reasonable choosing and
we will try to exercise this right fairly by giving you a warning
if we consider the failure is less serious. In this regard however
you acknowledge that health and safety of all users and
protection of property is very important. Accordingly, if we
reasonably consider the failure to follow our Etiquette Policy
is serious or persistent, we may suspend or even cancel your
membership with immediate effect
5 Personal information about you
5.1
5.2
You agree that we may handle your personal information
in accordance with our Privacy Policy.
You acknowledge and agree that we, and other Fernwood
Clubs, may use video monitoring in our facilities for health,
safety and security reasons. If you have any queries in relation
to the use of monitors operating in and around these facilities
please contact us or the relevant Fernwood Club.
6 Membership Term
6.1 The period of your membership is set out in your membership
details, but your membership may be terminated before the
end of that period in accordance with this membership
agreement.
6.2 Fixed Term Membership
(a)A fixed term membership is a membership for a fixed period
in accordance with this clause 6.2 (Fixed Term).
If your membership is for a fixed term your membership
details state the last day (End Date) you can access and
use the rights and privileges of your membership. It is not
an ongoing membership.
(b)If your membership is for a fixed term you do not need
to do anything to cancel your membership, as it will
automatically end on the End Date.
6.3 Ongoing Minimum Term Membership
(a)An ongoing minimum term membership is a
membership where there is a minimum term commitment.
If your membership is an ongoing minimum term membership
your membership details state your minimum term commitment
(Minimum Term) and the last day of the Minimum Term
(Minimum Term End Date). Ongoing memberships will continue
after the Minimum Term End Date unless you advise us in writing
that you do not want your membership to continue. Please
refer to clause 26 for methods of cancellation.
(b)If your ongoing membership continues after the end of
the Minimum Term it may be cancelled by you or by us in
accordance with these Terms.
(c)Where a direct debit arrangement is in place, membership
payments will continue to be debited until your membership
is cancelled in accordance with these Terms.
6.4 Flexible Membership
(a)A flexible membership has a minimum term commitment
of only 2 weeks (Minimum Term).
(b)A flexible membership will continue after the Minimum
Term until it is cancelled by you or by us in accordance with
these Terms.
(c)Where a direct debit arrangement is in place, membership
payments will continue to be debited until your membership
is cancelled in accordance with these Terms.
7 Membership Access Types
7.1
7.2
7.3
7.4
7.5
7.6
7.7
The Membership Access Type is specified in your membership
details. This clause 7 describes each Membership Access Type.
“Standard” means a membership which allows for access
to and use of facilities during staffed operating hours only.
“24 Hours” allows for access to and use of facilities 24 hours
a day for 7 days a week and is only available at certain
Fernwood Clubs.
“Extended Hours Access” means access to the facilities outside
of the staffed operating hours only and is available at certain
clubs only.
You agree to comply with our policies and rules, and the
policies and rules of other Fernwood Clubs, applicable to
your Membership Access Type.
Staffed hours are displayed at both the entrance to the
Fernwood Club and also on the Fernwood website.
We reserve the right to change our staffed hours from time
to time and will provide you with reasonable notice of any
changes. You acknowledge that other Fernwood Clubs
may also change their staffed hours. If this is relevant to your
Membership Access Type it is your responsibility to keep up
to date with current staffed hours for Fernwood Clubs you
are entitled to access and use.
8 24 Hours Access
8.1
8.2
If your membership includes the right to access and use
the facilities of a Fernwood Club during unstaffed hours, you
acknowledge and agree to comply with the 24 hours Access
Rules of the Fernwood Club.
As a member accessing and using the facilities of a Fernwood
Club, you acknowledge that you enter and use the facilities at
your own risk.
TERMS & CONDITIONS FOR MEMBERSHIPS
AT FERNWOOD WOMENS HEALTH CLUBS
8.3 If you feel there is a risk to your property, health and/or safety
or you have any other concerns regarding the use of the facilities
during unstaffed hours, then you must report this to
management of the Fernwood Club immediately.
8.4 You understand that a Fernwood Club is under 24 hours video
surveillance for security purposes only and is limited to the gym
floor space only and excludes the bathroom, change room
and client treatment rooms.
8.5 You must not bring any other person with you into a Fernwood
Club during unstaffed hours. You agree that your membership
is personal to you and for your use only and that it is your
responsibility to ensure that your access card is kept in a safe
place at all times and is not used by anyone other than you.
8.6 If you have 24 Hour Access privileges, you can only attend
other Fernwood Clubs using Reciprocal Club Vouchers within
staffed operating hours of the Fernwood Club.
13 Downgrading your membership
9 Membership Payment Methods
14Deferral
9.1
9.2
Memberships can be paid for in full and upfront. It should
not be paying the total off in instalments.
Memberships can also be paid by fortnightly direct debit
from either a bank account or a credit card of your choice.
10 Additional Services
10.1There may be other services offered at a Fernwood Club that
do not form part of your membership but are available for you
to purchase separately (Additional Services). These are not
part of the services provided under your membership and
you will be advised at the time if any additional terms apply to
the Additional Services including applicable fees and charges.
10.2Additional services are not transferrable between members,
with the exception of clause 15.
10.3Unless otherwise stated in this membership agreement, any
booked sessions or consultations for any Additional Services
that you cancel with less than 12 hours’ notice, or do not
show up for, will be forfeited.
10.4Notification of cancellation of any booked sessions must
bemade direct to the Fernwood Club for record purposes.
Notification direct to personal trainers or consultants may not be sufficient notice.
10.5If you are more than 15 minutes late to a booked session
or consultation, you are taken to have cancelled that session
or consultation and it will be forfeited.
10.6Additional Services will expire when your membership ends
and are not refundable.
10.7Written notice for cancellation of these treatments is required
where they are being paid for via direct debit.
11 Personal training
11.1As part of your membership or Additional Services, you may
purchase personal training sessions.
11.2If your booked personal trainer is unavailable, another
personal trainer will be assigned to your session. If a personal
trainer is unavailable for your session, it will be re-booked for
another time.
11.3Personal training sessions are purchased from your Fernwood
Home Club and not from any individual personal trainer. In
the absence of or the departure of a personal trainer, you
agree that your Fernwood Home Club is entitled to assign
another personal trainer for your remaining sessions. We will
use reasonable endeavours to assign a personal trainer to
you as soon as practicable.
11.4If you are transferring your membership to another Fernwood
Club in accordance with these Terms, payment of any
outstanding fees for completed personal training sessions
must be paid in full to your current Fernwood Home Club
before you join your new Fernwood Club.
11.5It is the responsibility of the member to ensure that sessions
are not accrued in excess of what can be used.
12 Upgrading your Membership
12.1You may request us to include certain components of
Additional Services as an upgrade of your membership
(upgrade your membership). If you make an upgrade request,
we will agree the fees to apply to your upgraded membership.
12.2If you no longer wish to upgrade your membership, you must
provide us with written notice of your request to downgrade.
Please refer to clause 13 in relation to downgrading.
13.1Subject to clause 13.2, if you wish to remove any component
of your membership, you may request us to downgrade your
membership by giving us written notice of the downgrade and
paying for all services used up until the date of the notice.
13.2You cannot downgrade your membership if your membership
has been paid in full and you are outside your cooling
off period.
13.3You may incur a fee to downgrade a component of your
membership which is specified in your membership details
(downgrade fee).
13.4If you do not pay the downgrade fee in full at the time of the
downgrade request, the balance of the downgrade fee will
be paid in instalments by direct debit, with the final instalment
to be paid on or before the End Date or the Minimum Term
End Date (as applicable).
14.1You may defer your membership for a minimum of 2 weeks
and for an aggregate period up to the total deferral period
specified in your membership details provided that your period
of deferral is in two week increments. The deferral may be
for any reason (including personal, holidays, medical,
temporary physical incapacity, injury and illness).
14.2You must give us prior written notice in order for your
membership to be deferred.
14.3You will be charged a deferral fee for each deferral as
specified in your membership details.
14.4Your End Date or Minimum Term End Date (as applicable)
will be extended by the period of a deferral.
14.5In the event you wish to cancel your membership during
a deferral period, that deferral period will end from the next
scheduled direct debit date and the standard direct debit
amount plus any payments for Additional Services, will apply
along with the applicable cancellation fees.
15 Transfer of membership to another person
15.1Subject to clause 15.2, you are entitled to transfer your
membership to another person who is not a member of a
Fernwood Club (transferee) with our approval, which we will
not unreasonably withhold if you satisfy all of the requirements
of this clause 15. The transferee must be sourced by you,
and can be a member of a Fernwood Club who cancelled
her membership in order to take up your membership.
15.2If your membership has been paid in full, you can transfer
your membership to another person with our approval.
The monetary negotiation of the remaining term is between
the outgoing and incoming member and Fernwood will not
partake in any exchange of funds. The fee to be paid for
this transfer covers the clubs cost of induction for the
incoming member.
15.3If your membership was purchased as part of your Fernwood
Home Club’s original opening sale (that is, at any time up to
that date which is 6 weeks after the official opening date of
your Fernwood Home Club) or it is discounted, the price will
not remain at the foundation or discount price. The current
rate at the date of the transfer will be applicable to the
membership and any associated Additional Services.
15.4No transfer can occur until:
(a)you have paid to us all outstanding fees for services
provided or that are otherwise payable under this membership
agreement;
(b)we receive payment of the transfer fee, which is set out in
your membership details which covers the administration of the
change in membership and the induction for the transferee;
and
(c)the transferee has completed and signed such membership
and related documentation as we then require of new
members.
15.5Additional Services that are fully paid but unused are not
refundable or transferable with your membership in accordance
with this clause 15.
TERMS & CONDITIONS FOR MEMBERSHIPS
AT FERNWOOD WOMENS HEALTH CLUBS
16 Interclub Transfer of Memberships
16.1You may transfer your membership to another Fernwood Club
(New Home Club) if:
(a)your membership has not been paid in full; and
(b)all services used at your Fernwood Home Club have been
paid for and your membership fees are up to date.
16.2There may be restrictions associated with the transfer of a
membership which includes certain Membership Access Types.
You may need to adjust your membership
when transferring.
16.3You must agree to pay the membership price that the
Incoming Home Club charges, complete all necessary
membership documentation and abide by the Incoming
Home Club’s policies or rules.
16.4Memberships that have been discounted can be transferred
but pricing will not remain at the discounted price. The current
rate that applies to the membership and any associated extras
will be applicable.
16.5Pricing for Additional Services varies between Fernwood Clubs.
You will be required to pay the price that the Incoming Home
Club charges for any Additional Services. You may also be
required to purchase a 24 Hours access card from the
Incoming Home Club.
16.6Fully paid for but unused portions of extras will be transferred
with the membership to the new club. These extras are
non refundable unless Fernwood are in breach of any statutory
warranty. Any booked sessions or consultations that you had
previously cancelled with less than 12 hours notice or not
attended will have been forfeited and will not be available
to transfer.
17 Renewal (applicable to Fixed Term Memberships only)
17.1You may elect to renew your fixed term membership by giving
us written notice no more than six weeks before the End Date.
17.2The price of your membership (or any other membership
you renew on) may have changed during your Fixed Term.
Therefore our current pricing will be applicable at the time
of renewal.
17.3If you are a foundation member (as indicated in your
membership details) and you renew your membership with
your Fernwood Home Club not less than 6 weeks before your
membership ends, the fees payable for your base foundation
membership will apply.
18 Reactivation of Membership (applicable to 12 Month
Memberships only)
18.1If your membership of a Fernwood Club ends, and your
membership continued for a full term of 12 months, you may,
at any time within 3 months after the end of your membership,
reactivate your membership and re-join the Fernwood Club
by paying a reactivation fee.
18.2The reactivated membership must be for a term of no less
than 12 months.
19 Reciprocal Club Vouchers
19.1Your membership includes 24 Reciprocal Club Vouchers that
may be used over any 12 month period which provide you with
access to other Fernwood Clubs. These vouchers cannot be
used when your membership ends.
19.2These vouchers only allow you to access and use other
Fernwood Club facilities and services that are equivalent to the
facilities and services applicable to your membership. Please
refer to clause 8.6 relating to the use of Reciprocal Club
Vouchers if your Membership Access Type is 24 hours.
19.3If you use another Fernwood Club more than your Fernwood
Home Club in any given month, you must transfer your
membership to the Fernwood Club.
20 Member Concerns or Complaints
20.1If you wish to raise any concerns or complaints regarding
our services or facilities, you should first address it with your
Fernwood Home Club Manager. We will acknowledge receipt
of your concern within 7 days.
20.2Should you wish to escalate a concern or complaint, please
do so by writing to Fernwood at the postal address below
and provide any documentation relevant to your concern.
In this communication, please quote your full name, your
membership number, the details of your Fernwood Home Club,
the concern that you have and how you would like to see the
matter resolved.
Postal Address:
Fernwood Women’s Health Clubs
Membership Administration and Relations Department
Level 1, 475 Flinders Lane
Melbourne VIC 3000
20.3If you are a member of a Fernwood Home Club that provides
services in the Australian Capital Territory, you have the right to
make complaints to the Health Services Commissioner under
the Human Rights Commission Act 2005 (ACT).
20.4If you have a complaint and it cannot be resolved by us, you
have the right to have the complaint referred to the Fair Trading
Commissioner in your relevant State or Territory in Australia.
21 Breach of this membership agreement
21.1You may cancel your membership at no charge if we are in
fundamental breach of this Membership Agreement. Examples
when you may cancel your membership for our fundamental
breach are:
(a)when we have been unable to provide you with the
facilities and services paid for, for a period of longer than 14
days without appropriate communication and without fair
compensation such as deferring payments; or
(b)when we have materially breached this membership
agreement and you have provided us with notice in writing of
that breach and we have not taken reasonable steps within 14
days of receiving that notice to remedy the breach or provide
fair compensation.
21.2In addition to our other rights under this membership agreement,
we may terminate your membership by written notice to you if you:
(a)fail to act in accordance with any obligation under this
membership agreement and, if the failure is capable of
remedy, you do not remedy the failure within 14 days of giving
you written notice requiring you to do so;
(b)verbally or physically abuse other members or our staff;
(c)behave in a way that we consider, acting unreasonably,
brings us or Fernwood into disrepute. This includes but is not
limited to:
(i) inappropriate use of public websites/chat sites; or
(ii) conduct of illegal activities at a Fernwood Club,
including theft and prohibited drug use; or
(d)materially breach the 24 Hours Access Rules.
22 Risk and liability
22.1You acknowledge and understand that participation
in activities within your membership require varying degrees
of physical exertion and/or physical risk which may cause
your death or personal injury.
22.2ACL: The Australian Consumer Law (ACL) contained in the
Competition and Consumer Act 2010 (Cth) (CCA) provides
certain guarantees in sections 60 to 62 (statutory guarantees)
which generally require that services supplied to you:
(a)are rendered with due care and skill;
(b)are reasonably fit for any purpose which you, either
expressly or by implication, make known to the supplier and
might reasonably be expected to achieve any result you have
made known to the supplier; and
(c)are supplied within a reasonable time (when no time is set).
22.3Permitted exclusion: However, the CCA permits a supplier of
recreational services to ask you to accept some limitations on
those statutory guarantees. Accordingly, to the extent permitted
by section 139A of the CCA, you acknowledge and agree that
we exclude all liability to you for death or injury resulting from
a failure by us to comply with any statutory guarantee.
TERMS & CONDITIONS FOR MEMBERSHIPS
AT FERNWOOD WOMENS HEALTH CLUBS
22.4In the previous sentence, “injury” means:
(a)physical or mental injury (including the aggravation,
acceleration or recurrence of such an injury);
(b)the contraction, aggravation or acceleration of a disease; or
(c)the coming into existence, the aggravation, acceleration
or recurrence of any condition, circumstance, occurrence,
activity, form of behaviour, course of conduct or state of affairs
in relation to you that is or may be harmful or disadvantageous
to you or the community, or that may result in harm or
disadvantage to you or the community.
22.5Reckless conduct: This exclusion of liability does not apply
if you have suffered any significant personal injury that is
caused by our reckless conduct (within the meaning given
to those terms by the CCA).
22.6State based notices (applicable to Victoria and South
Australia only): If your Fernwood Home Club is in Victoria
or South Australia, or you wish to use the facilities or services
of a Fernwood Club in Victoria or South Australia, please
refer to the attached ACL Exclusion Notice which contains
complementary information about the statutory guarantees
and the limitations that we are allowed to place on them.
These are without prejudice to the limitations contained in this
clause. If you are a member of a Fernwood Home Club that is
in South Australia. you must sign and date the ACL Exclusion
Notice and provide it to your Fernwood Home Club before
you participate in any activities at a Fernwood Club.
22.7General exclusions: Please note that nothing in this membership
agreement excludes, restricts or modifies any term, condition,
warranty, guarantee, right or remedy (including under a
statutory guarantee) which cannot lawfully be excluded,
restricted or modified. Otherwise, and except as expressly
included in this membership agreement, all implied terms,
conditions, warranties, rights or other additional obligations
that can be lawfully excluded are excluded from this
membership agreement. In particular, but subject to the
preceding paragraph, we are not liable for:
(a)negligence; or
(b)breach of terms implied that services will be provided
with reasonable care and skill,
at common law that in either case results in your death
or injury (as defined in paragraph 22.7(a)above) in connection
with or under this membership agreement, but to avoid doubt
we do not exclude liability for our reckless conduct.
22.8We take no responsibility for the loss of or damage to your
personal belongings.
22.9You agree to pay for any damage to the facilities of a
Fernwood Club caused by you or your guests through
a wilful act or negligence.
23 Assignment of Rights
23.1We may assign the rights to your membership or sub-contract
our obligations under this membership agreement to a
third party at any time and without notice to you (Change
of Ownership). We will make sure that the transferee agrees
to honour the terms of this membership agreement.
24 Changes to this membership agreement, our services and
facilities
24.1You acknowledge that we may in our sole discretion from
time to time alter:
(a)our opening hours, group fitness timetable, facilities, items
of equipment or any of the products and services we offer or
supply; or
(b)our Pricelist and your membership fees that apply after
any Fixed Term or Minimum Term; or
(c)our policies or rules (such as our Privacy Policy or
Etiquette Policy).
24.2We will prominently display the proposed change(s) at the
facilities or on our website at least 30 days before the change
if it relates to a change under clause 24.1(b), or at least 14 days
if the change relates under clauses 24.1(a) or 24.1(c) (referred
to as the notice of change). Your membership will be
amended with effect from the effective date.
24.3If we need to close temporarily for any reason, including
but not limited to, renovation and/or building repairs and
maintenance, we will place your membership on deferral
where the closure is greater than 10 days in duration.
25 Cooling off
25.1You may cancel your membership during the cooling off
period without cause or reason.
25.2The start and finish date and time of your cooling off period
is set out in your membership details.
25.3You must give us written notice of the cancellation of your
membership within the cooling off period.
25.4You must either:
(a)deliver the notice in person or have it delivered to the
Fernwood Home Club’s registered or business address; or
(b)post the notice to the Fernwood Home Club’s registered
or business address by certified mail.
25.5A cooling off cancellation fee will be charged for cancelling
your membership during the cooling off period. This fee is set
out in your membership details.
25.6We reserve the right to take the amount due on the first
contracted debit date (as specified on your membership
details) in the absence of payment being made by
other means.
25.7Any fees that are required to be refunded to you will be
paid to you within 7 days after you have cancelled your
membership. In determining the refund amount, we are
entitled to deduct from any amount paid by you, the
cooling off cancellation fee and a reasonable amount
for any fitness products or services provided to you.
25.8Unless agreed with your Fernwood Home Club otherwise,
if you have used any Additional Services at your Fernwood
Home Club during the first 7 days of your membership, you
must pay for each of those sessions attended at a price
equivalent to the current casual visit rate at your Fernwood
Home Club.
26 Cancelling your membership
26.1Subject to clause 27, you may cancel your membership at
any time using any of the methods of cancellation permitted
by this clause 26.2 by providing us with the relevant notice
period as specified in your membership agreement. We will
respond to your request within 7 days.
26.2Methods of cancellation:
(a)The preferred method is by visiting us and completing a
cancellation form upon which you will be given your options
regarding payment of relevant fees, a copy of the cancellation
form and relevant payment receipts (if applicable).
(b)You may cancel your membership in writing by email
or by post addressed to us. You must retain a copy of your
cancellation notice.
(c)For the avoidance of doubt, you cannot cancel your
membership verbally.
26.3From the date your Home Club receives your written request
to cancel your membership, two further debits are required plus
a cancellation fee if applicable. This is reduced to one further
debit for Flexible Memberships. You will be entitled to use the
facilities and services of your Fernwood Home Club during the
notice period.
26.4All sessions and services used must be paid for in order for your
membership to be finalised. These can be paid for in full or as
part of your cancellation fees.
26.5If you cancel your membership during a deferral period, the
deferral period will end immediately (in line with scheduled
direct debits) and the standard direct debit amount will apply
along with the applicable notice period and cancellation fees.
26.6If your membership is a fixed term or ongoing minimum term
membership and you cancel your membership before the End
Date or the Minimum Term End Date (as applicable), you must
pay us a cancellation fee calculated in the manner specified
in your membership details.
TERMS & CONDITIONS FOR MEMBERSHIPS
AT FERNWOOD WOMENS HEALTH CLUBS
26.7If you are cancelling for financial reasons, you should discuss
with us an appropriate payment arrangement for all fees
payable on cancellation, which can be implemented via
your existing direct debit agreement.
26.8On rare occasions your Fernwood Home Club may cancel
your membership by written notice to you without the need
to give a reason. If your membership is cancelled under this
clause 26.8, you will only be liable for the fees for the time
you were a member and any other fees for services already
provided to you. No cancellation fee will apply and your
Fernwood Home Club will refund your joining fee. You agree
that this payment is your sole entitlement to compensation
for cancellation of your membership under this clause 26.8.
27 Cancelling your membership due to permanent
sickness or physical incapacity
27.1You may cancel your membership due to a permanent sickness
or physical incapacity if you cannot exercise for a period of
12 months or longer provided that you give us:
(a)written notice of cancellation;
(b)completion of our permanent capacity declaration by a
medical practitioner, as well as a medical certificate stating
that you cannot use our services because of your permanent
sickness or physical incapacity; and
(c)any other supporting documentation to our reasonable
satisfaction.
27.2If we are satisfied that you are entitled to cancel your
membership due to permanent sickness or physical incapacity,
we will cancel your membership with immediate effect
and waive any notice period and any cancellation fees or
downgrade fees. An administration fee may be charged
by your Home Club.
27.3 If you cancel due to incapacitation, a refund will be given
for paid and unused component sessions.
27.4Your membership fees are required to be paid up to the date
of the cancellation and fees owing by you prior to this date,
are recoverable in full by us. The date of cancellation will
be the date that we receive the documentation outlined
in clause 27.1.
27.5In the event your membership was pre-paid, we will refund
the unused portion of your membership fees to you less an
associated administrative fee (if applicable) within 21 days
of receiving written notice of cancellation in accordance
with this clause 27.
27.6In the event that you make payments or authorise payments
to be made periodically under your membership, upon
receipt of a cancellation notice, we will immediately inform
our membership administrator (or the relevant accounts
department) that the deductions cease as soon as possible.
28 Clauses relating specifically to memberships being
paid via direct debit
28.1By nominating to pay via direct debit in your membership
details you:
(a)authorise us to deduct from your nominated credit or debit
account all fees and other charges for which you may be
responsible under this membership agreement; and .
(b)acknowledge and agree that you have read the Direct
Debit Request Service Agreement (DDRS agreement) and
agree with the terms and conditions governing the debit
arrangements between you and us set out in those documents.
28.2Membership fees are paid in advance for services.
28.3You will continue to be debited as per this membership
agreement regardless of whether you are using our facilities or
services or those of any other Fernwood Club at any given time.
28.4It is your responsibility to ensure that your banking details
are correct and current. In the event that your account
details change, you are required to provide written notice
14 days prior to your next scheduled debit.
28.5Where unsuccessful debits occur due to us not having received
updated details within a sufficient timeframe, you will incur a
rejection fee as per your membership details.
28.6If your payment is unsuccessful for any reason, we will attempt
to contact you and send communication to you. We will also
attempt to recover the unsuccessful payment plus the rejection
fee prior to the next scheduled debit.
28.7If we cannot recover the unsuccessful payment plus
the rejection fee under clause 28.6, we will automatically
add the amount to your next scheduled debit.
28.8We collect, hold and use, information related to your
commercial and consumer creditworthiness from Dun &
Bradstreet (w: www.dnb.com.au/ e: [email protected]/
t: 1300 734 806) and National Revenue Corporation
(w: www.nrc.net.au/ e: [email protected]/ t: 1300 130 108) and
eCollect Pty Ltd (w: www.ecollect.com.au/
e: [email protected]/ t: 1300 666 585), credit reporting
bodies, for all purposes permitted by law. We also disclose
information to them. This activity is conducted for the purpose
of assessing your credit capacity, eligibility or history in
connection with an application or an obligation as a guarantor,
collecting payments from you, and managing our credit
relationship. Creditworthiness information includes information
that is both positive (like payment information) and negative
(like defaults or serious credit infringements that we may
disclose to credit reporting bodies if you fail to pay us). Our
privacy policy and the credit reporting body’s privacy policy
(see our websites) have more information on how we, and the
credit reporting body, manage personal information, including
creditworthiness information. The policies also include how you
can access, correct, and make complaints about personal
information, request that your information is not used for credit
pre-screening, and request a ban on use of credit information
where you have been a victim of fraud.
28.9Debits that are unsuccessful may be transferred to one of our
preferred debt collection agencies for collection. We reserve
the right to cancel your membership and you will be
responsible for the payment of outstanding membership
direct debits, bank fees and cancellation charges. You will
also be responsible for and pay us for all costs incurred by the
us (including costs for which the we may be contingently liable)
in any attempt to collect any monies owed by you to us under
this Agreement including debt collection agent costs,
repossession costs, location search costs, process server costs
and solicitor costs on a solicitor/client basis.
28.10 As a result of referral to our external collection agency,
the details of your outstanding debt may be listed with a
credit bureau.
28.11 In the event payments fall into arrears beyond 60 days of
the original due date, upon failure to confirm receipt of the
remaining balance in full, we reserve the right to report default
for the remaining balance to a Credit Reporting Bureau. Such
a default listing would remain on your personal credit file for up
to five years, potentially inhibiting your ability to obtain future
credit from other credit providers.
28.12 Should your membership be cancelled by us because of
unsuccessful payments, and you wish to re-join a Fernwood
Club, you must pay all outstanding fees out in full. You may be
required to pay a joining fee before you are allowed to re-join
as a member of the Fernwood Club.
28.13 Once periodic debit payments are initiated as per this
membership agreement, no notice of the debits will be issued
to you.
28.14 Receipts for direct debit payments made will be provided
on request for periods of six or twelve months only.
29 Intellectual property
No rights in relation to Fernwood’s logo, trade marks or any other
intellectual property rights associated with its business, techniques,
exercise programs or classes are granted to you under this
membership agreement, except that any exercise program
created for you may be used while you are a member of a
Fernwood Club for the purpose of your exercise activities.
30 Severability and waiver
If a court finds that any part of any term of this membership
agreement (including these Terms) is or becomes illegal, void
or unenforceable, that part is deleted and this does not invalidate
the rest of this membership agreement. If we do not enforce our
rights under this membership agreement at any time, it does not
mean that we may not do so on future occasions.
TERMS & CONDITIONS FOR MEMBERSHIPS
AT FERNWOOD WOMENS HEALTH CLUBS
31 Applicable law
The law of the State/Territory where your Fernwood Home Club
is located applies to this Membership Agreement.
32 Definitions & Interpretation
In these Terms, unless the context otherwise requires or implies,
the following expressions have the meanings set opposite each
of them:
TERM
Additional
Services
Fernwood
Fernwood Club
End Date
DEFINITION
is defined in clause 10.
Fernwood Womens Health Clubs (Australia)
Pty Ltd ACN 123 716 950.
means the owner and operator of any fitness
club using the Fernwood brand and system,
and includes Fernwood or any of its affiliates,
and any independent business proprietor
operating under franchise from Fernwood.
is defined in clause 6.2(a).
means our Etiquette Policy as amended
from time to time.
means the fixed term commitment for a
Fixed Term
fixed term membership (see clause 6.2(a)).
means the period of your membership which
membership term
is stated in this membership agreement.
means the minimum term commitment for
Minimum Term
either an ongoing membership (see clause
6.3(a)) or a flexible membership (see 6.4(a)).
Minimum Term
is defined in clause 6.3.
End Date
means our pricelist of your Fernwood Home
our Pricelist
Club that may change from time to time.
means our privacy policy as amended from
our Privacy Policy
time to time.
means the vouchers we provide to you as
Reciprocal Club
part of your membership to use the facilities
Vouchers
or services of another Fernwood Club.
means the agreement between you
this membership
and us which arises when you submit your
application for membership, and includes
agreement
your membership details and these Terms.
are the details about your membership
your membership
that we send to you after you submit your
details
application for membership.
Etiquette Policy
we, us
you, your
your Fernwood
Home Club
means your Fernwood Home Club.
means the person who is specified as
the member in your membership details.
means the operator of the Fernwood
Club specified in your membership details.